Oireachtas Joint and Select Committees

Thursday, 14 June 2018

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement

Impact of Brexit on the Good Friday Agreement: Discussion (Resumed)

2:10 pm

Photo of Mark DalyMark Daly (Fianna Fail) | Oireachtas source

I am not involved in them; I just attend them. There are two cases, both of which are being taken by a unionist, Mr. Raymond McCord, whom Senator Ó Donnghaile will know well. The judgment on the case in the UK High Court in which the Secretary of State is being asked how it would be determined that the majority of people are in favour of a Border poll is due on 26 June. It will decide whether the Secretary of State will be forced to announce a policy on holding a Border poll. Will the decision be based on opinion polls? As Dr. Byrne pointed out, three opinion polls have shown entirely different results. The key factor in the case before the UK High Court was that the Secretary of State alone decides who votes in any referendum. We should bear in mind that if those aged 16 years and older are eligible to vote in a Border poll, the outcome will be different from a poll in which only those aged 18 and older are eligible. The result would also be affected if voting was restricted to British passport holders or UK residents or if it was open to EU citizens. Even on that issue, eligibility is not clear. In the run-up to a referendum, that issue would be open to challenge in any court and would be a disaster. There would be doubt and a lack of clarity. Information has not been provided, even on these most basic issues. My fear is that everyone will revert to their corners.

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